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In order to induce Saxco International, LLC (hereinafter "Creditor") to approve the sale or delivery of any goods on account to the above-referenced Customer, the undersigned hereby agrees as follows: Customer warrants that the above information is true and correct, and hereby agrees to furnish and to direct any third person to furnish to Creditor any and all information which Creditor may request from time to time. Customer authorizes all corporations, companies, credit bureaus, city, state and federal courts and persons to release information that they have to the Creditor with which this form is filed. Credit is at the absolute discretion of Creditor who may grant, deny, alter, modify, or terminate credit or credit terms without further notice, at any time. In the event Creditor extends credit to Customer, Customer shall pay for any and all deliveries under and pursuant to its account, whether ordered by the Customer or any person representing himself, herself, or itself to be an agent, employee, or representative of Customer. Customer is liable for all deliveries of goods or rendition of services at the invoice price to any address requested in Customer's name, without further inquiry to Customer, until receipt of written notice by the credit department of Creditor of any change of ownership or termination of account,identifying the account number, name of Customer, location(s), and reason for change or termination. All such notices must be received at least 30 days prior to change of ownership or account termination, and failure to furnish such notice will obligate the Customer for any subsequent account charges. Any such notice shall not terminate liability of Customer for any deliveries prior to the delivery of such notice, or 30 days thereafter. All sales, if on credit, are net 30 days from the date of invoice unless otherwise specified onthe invoice itself, and all past due amounts shall accrue late charges as is set forth in the Creditor's standard Terms and Conditions. For credit card purchases, Creditor reserves the right to charge Customer the credit card transaction fee assessed by the credit card company. Customer hereby acknowledges receiving and reading a copy of the Terms and Conditions (posted on Saxco's website). The accrual or payment of late charges does not authorize the Customer to defer payment of any in debtedness beyond the credit terms as stated herein. Any action or proceedings arising in connection with any and all rights by and among Customer and Creditor, including arising from the terms and conditions of this credit agreement, or deliveries under and pursuant to Customer's account, shall be tried and litigated exclusively in Los Angeles County, California, and each party hereby waives any right to trial by jury in any such action, and the prevailing party in any such action shall recover from the losing party a reasonable sum for attorneys fees and costs incurred in such action and in enforcing any judgment, order, ruling, or award, granted therein.
Credit Application Submitted By:
The undersigned hereby unconditionally guarantees on a continuing basis any and all Indebtedness of Customer to Creditor, whether past, present, or future, incurred by the above Customer, and the undersigned as Guarantor hereby promises to pay to the order of Credit or upon demand the full amount of the Indebtedness. "Indebtedness" is used in this guarantee in its most comprehensive sense, and includes any and all advances, debts, obligations, liabilities, costs, late charges, and attorneys fees owed by Customer to Creditor.
The undersigned as Guarantor is liable for all charges arising out of the delivery of goods or rendition of services by Creditor to Customer at the invoice price, or as requested by Customer or in Customer's name, without inquiry to Customer, until such time as Guarantor delivers to Creditor written notice of a revocation of this guarantee, identifying the Customer, Customer location, Customer account number, and the reason for such revocation. Such notice will not terminate the undersigned's guarantee of any indebtedness incurred prior to the delivery of such notice, or 30 days thereafter.
The undersigned authorizes Creditor, before or after revocation, without notice or demand, and without affecting the undersigned's liability under this guarantee, from time to time to (i) create new indebtedness or to renew, extend, accelerate, compromise, or otherwise change the time for payment of the indebtedness; (ii) take and hold security for the payment of this guarantee or Customer's indebtedness, and to exchange, enforce, waive or release all or any part of the security; (iii) settle, release, compromise with or substitute one or more of the Guarantors or other obligors of the indebtedness. The undersigned as Guarantor waives any right the undersigned may have to require Creditor to (i) proceed against Customer or any other person liable on the indebtedness; (ii) proceed against or exhaust any security; (iii)have the property of Customer first apply to the discharge of the indebtedness; (iv) pursue any other remedy in Creditor's power. The undersigned waives all presentments, demands for performance, notice of non-performance, protests, notices of protest, notices of dishonor, and notices of acceptance of this guarantee and of the incurring of new or additional indebtedness or the extension or nonpayment of indebtedness. Guarantor waives any defense arising from the impairment or loss of any right of reimbursement, contribution or subrogation.
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